Patna High Court
Mala DeviversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is not maintainable before the High Court and must be filed before the Central Administrative Tribunal.
Summary
Mala Devi, the widow of a deceased Railway Protection Force (RPF) employee, filed a writ petition seeking promotional benefits, salary arrears and other service benefits that were directed to be paid to her husband before his death. After her representation to the railway authorities remained unanswered, she approached the Patna High Court. The Union of India contended that such disputes fall within the exclusive jurisdiction of the Central Administrative Tribunal (CAT) under the Administrative Tribunals Act, 1985 and the Railway Protection Force Act, 1957, citing the Delhi High Court decision in Union of India v. Kapil Gurjar. The Patna High Court examined the statutory scheme, held that the RPF is a Group ‘A’ Central Civil Service but that service matters of a member are excluded from CAT jurisdiction, while recruitment matters are not. It concluded that the remedy for the petitioner lies before the CAT and disposed of the writ petition, directing her to approach the appropriate CAT bench.
Issues considered
- Whether the Patna High Court has jurisdiction to entertain the writ petition for promotional benefits and arrears of a deceased RPF employee's widow.
- Whether the Railway Protection Force Act, 1957 and the Administrative Tribunals Act, 1985 confer exclusive jurisdiction on the Central Administrative Tribunal for such service matters.
- Whether the RPF qualifies as a Central Civil Service and the impact of that classification on jurisdiction.
Legislation cited
- Administrative Tribunals Act, 1985 — s. 14, 2
- Railway Protection Force Act, 1957 — s. 14, 2(1)(c), 3
Subjects
- jurisdiction
- administrative tribunal
- Railway Protection Force
- service matters
- promotional benefits
- salary arrears
- widow's rights
- Central Civil Service
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9298 of 2024
======================================================
Mala Devi Wife of Late Brij Kishor Singh, Resident of Mohalla- Azad Nagar,
Road No.- 2, Besides Shakti Upasana Kendra, P.O.- Lohiya Nagar, P.S.-
Kankarbagh, District- Patna.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary Ministry of Railways, Government
of India, New Delhi.
2. The Director General, Railway Protection Force, Rail Bhawan, Railway
Board, New Delhi.
3. The Chief Security Commissioner, Railway Protection Force, Eastern
Railway, Kolkata.
4. The Chief Security Commissioner, Railway Protection Force, East Central
Railway, Hazipur.
5. The Senior Divisional Security Commissioner, Railway Protection Force,
East Central Railway, Mughalsarai (Pandit Din Dayal Upadhyay Nagar),
Uttar Pradesh.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Jubair Ansari, Advocate
For the Respondents/UOI : Mr. Alok Kumar Agrawal, Sr. CGSC
Mr. Rahul Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 11-02-2026
Heard learned counsel for the petitioner and learned
Senior counsel for the Union of India.
2. Learned counsel for the petitioner submits that
the husband of the petitioner has earlier moved before this
Hon’ble Court in C.W.J.C. No. 20642 of 2010 which was
allowed in favour of the petitioner’s husband vide order dated
11.05.2011. Subsequently, the petitioner’s husband died on
24.03.2016. In this regard, the arrears arising out of his service
Patna High Court CWJC No.9298 of 2024 dt.11-02-2026
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was directed to be paid to the petitioner. The petitioner
submitted representation for grant of promotional benefits,
payment of arrears of salary and all other benefits. In this
regard, the petitioner has filed writ application bearing C.W.J.C.
No. 7845 of 2023 and the same was disposed off as not pressed
vide order dated 05.12.2023 with liberty to the petitioner to
approach the respondents authorities for redressal of her
grievances. Counsel further submits that in this regard, the
petitioner filed her representation before the authority concerned
on 26.12.2023 (annexed as Annexure-P/6), but till date, the
respondent authority has not taken any decision on her
representation. Thereafter, the petitioner has filed the present
writ petition for grant of relief i.e. promotional benefits,
payment of arrears of salary and all other benefits for which she
has filed her representation, as the prayer added in the present
writ petition.
3. Learned Senior counsel for Union of India, on
the other hand, submits that admittedly, the petitioner is wife of
deceased employee who was working in the Railway Protection
Force posted in the department of Railway. Counsel relied on
the recent judgment dated 16.01.2026 passed by the Hon’ble
High Court of Delhi in case of Union of India Vs. Kapil Gurjar
Patna High Court CWJC No.9298 of 2024 dt.11-02-2026
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in W.P.(C) 1102/2023 & CM APPL. 4349/2023, CM APPL.
10769/2023, CM APPL. 10865/2025, CM APPL. 23257/2025.
Counsel submits that the present writ petition based on the
grievances under the Railway Protection Force Act, 1957 (Act
No. 23 of 1957), wherein, the petitioner claims relief on the
ground that her husband was an employee of the RPF, is not
maintainable before this Hon’ble Court and is maintainable only
before the respective Bench of the Central Administrative
Tribunal.
4. In the light of the submissions made by the
parties and upon perusal of the said judgment rendered by the
Hon’ble High Court of Delhi in case of Union of India Vs.
Kapil Gurjar (supra), it is necessary to quote the relevant paras
of analysis and findings which states as follows:-
“25. We have considered the submissions
advanced by the learned counsels
appearing for the parties.
26. As noted hereinabove, we are confining
the present judgment solely to the issue of
jurisdiction of the learned Tribunal to
entertain an application concerning matters
relating to the recruitment to the RPF.
27. In order to answer the aforesaid issue, it
would be apposite to first refer to certain
relevant Articles of the Constitution of India
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and the provisions of the Administrative
Tribunals Act, 1985 and the Railway
Protection Force Act, 1957.
28. Article 323A of the Constitution of India
empowers Parliament to, by law, establish
Administrative Tribunals for the
adjudication of disputes and complaints
with respect to recruitment and conditions
of service of persons appointed to public
services and posts in connection with the
affairs of the Union, of any State, or of any
local or other authority within the territory
of India, or under the control of the
Government of India, or of any corporation
owned or controlled by the Government.
The said Article is reproduced hereinbelow:
"323A. Administrative tribunals.
(1) Parliament may, by law, provide
for the adjudication or trial by
administrative tribunals of disputes
and complaints with respect to
recruitment and conditions of service
of persons appointed to public
services and posts in connection with
the affairs of the Union or of any
State or of any local or other
authority within the territory of India
or under the control of the
Government of India or of any
corporation owned or controlled by
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the Government.
(2) A law made under clause (1) may-
(a) provide for the establishment of
an administrative tribunal for the
Union and a separate administrative
tribunal for each State or for two or
more States:
(b) specify the jurisdiction, powers
(including the power to punish for
contempt) and authority which may
be exercised by each of the said
tribunals;
(c) provide for the procedure
(including provisions as to limitation
and rules of evidence) to be followed
by the said tribunals;
(d) exclude the jurisdiction of all
courts, except the jurisdiction of the
Supreme Court under article 136,
with respect to the disputes or
complaints referred to in clause (1):
(e) provide for the transfer to each
such administrative tribunal of any
cases pending before any court other
authority immediately before the
establishment of such tribunal as
would have been within the
jurisdiction of such tribunal if the
causes of action on which such suits
or proceedings are based had arisen
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after such establishment;
(f) repeal or amend any order made
by the President under clause (3) of
article 371D;
(g) contain such supplemental,
incidental and consequential
provisions (including provisions as to
fees) as Parliament may deem
necessary for the effective functioning
of, and for the speedy disposal of
cases by, and the enforcement of the
orders of, such tribunals.
(3) The provisions of this article shall
have effect notwithstanding anything
in any other provision of this
Constitution or in any other law for
the time being in force.
29. In exercise of the power vested in it
under the aforesaid Article, the Parliament
enacted the Administrative Tribunals Act,
1985, with the following preamble:
"An Act to provide for the
adjudication or trial by
Administrative Tribunals of disputes
and complaints with respect to
recruitment and conditions of service
of persons appointed to public
services and posts in connection with
the affairs of the Union or of any
State or of any local or other
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authority within the territory of India
or under the control of the
Government of India or of 1 [any
corporation or society owned or
controlled by the Government in
pursuance of article 323A of the
Constitution) and for matters
connected therewith or incidental
thereto."
30. Section 2 of the Act provides that the
provisions of the Act shall not apply to
certain categories of persons, including
'any member' of the Naval, Military, or Air
Forces, or of 'any other Armed Forces of
the Union'. We quote the provision as
under:
"2. Act not to apply to certain
persons.-The provisions of this Act
shall not apply to-(a) any member of
the naval, military or air forces or of
any other armed forces of the Union;
31. To determine the aforesaid exclusion of
the provisions of the Act, it is necessary to
examine, inter alia, who falls under the
category of a 'member' of the 'Armed
Forces of the Union'.
32. Section 3 of the RPF Act provides that
there shall be constituted and maintained
an 'Armed Force of the Union' to be called
the Railway Protection Force. Therefore,
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the RPF is an Armed Force of the Union,
and there is no dispute in this regard.
33. Section 2(1)(c) of the RPF Act defines
the expression 'member of the Force' as a
person appointed to the Force under the
said Act. The provision reads as follows:-
"2(1)(c) "member of the Force" means a
person appointed to the Force under this
Act."
34. Therefore, under the Act, in order to be
a ‘member of the Force’, a person must be
appointed to the Force, that is, only upon
appointment, a person becomes a ‘member
of the Force’.
38. The issue before this Court is whether a
person can be excluded from the
application of the provisions of the Act even
before becoming a member of the Force,
that is, even prior to appointment.
39. Section 14 of the Act vests jurisdiction
in the learned Tribunal. It reads as follows:
"14. Jurisdiction, powers and
authority of the Central
Administrative Tribunal. (1) Save as
otherwise expressly provided in this
Act, the Central Administrative
Tribunal shall exercise, on and from
the appointed day, all the jurisdiction,
powers and authority exercisable
immediately before that day by all
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courts (except the Supreme Court) in
relation to-
(a) recruitment, and matters
concerning recruitment, to any All-
India Service or to any civil service of
the Union or a civil post under the
Union or to a post connected with
defence or in the defence services,
being, in either case, a post filled by a
civilian;
(b) all service matters concerning-
(i) a member of any All-India Service;
or
(ii) a person not being a member of
an All-India Service or a person
referred to in clause (c) appointed to
any civil service of the Union or any
civil post under the Union; or
(iii) a civilian not being a member of
an All-India Service or a person
referred to in clause (c) appointed to
any defence services or a post
connected with defence, and
pertaining to the service of such
member, person or civilian, in
connection with the affairs of the
Union or of any State or of any local
or other authority within the territory
of India or under the control of the
Government of India or of any
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corporation or society owned or
controlled by the Government; (c) all
service matters pertaining to service
in connection with the affairs of the
Union concerning a person appointed
to any service or post referred to in
sub-clause (ii) or sub-clause (iii) of
clause (b),being a person whose
services have been placed by a State
Government or any local or other
authority or any corporation or
society or other body, at the disposal
of the Central Government for such
appointment.
Explanation.- For the removal of
doubts, it is hereby declared that
references to "Union" in this sub-
section shall be construed as
including references also to a Union
territory.
(2) The Central Government may, by
notification, apply with effect from
such date as may be specified in the
notification the provisions of sub-
section (3) to local or other
authorities within the territory of
India or under the control of the
Government of India and to
corporations or societies owned or
controlled by Government, not being
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a local or other authority or
corporation or society controlled or
owned by a State Government:
Provided that if the Central
Government considers it expedient so
to do for the purpose of facilitating
transition to the scheme as envisaged
by this Act, different dates may be so
specified under this sub-section in
respect of different classes of, or
different categories under any class
of, local or other authorities or
corporations or societies.
(3) Save as otherwise expressly
provided in this Act, the Central
Administrative Tribunal shall also
exercise, on and from the date with
effect from which the provisions of
this sub-section apply to any local or
other authority or corporation or
society, all the jurisdiction, powers
and authority exercisable
immediately before that date by all
courts (except the Supreme Court) in
relation to-
(a) recruitment, and matters
concerning recruitment, to any
service or post in connection with the
affairs of such local or other
authority or corporation or society;
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and
(b) all service matters concerning a
person other than a person referred
to in clause (a) or clause (b) of sub-
section (1) appointed to any service
or post in connection with the affairs
of such local or other authority or
corporation or society and pertaining
to the service of such person in
connection with such affairs.”
40. Section 14(1)(a) vests jurisdiction in the
learned Tribunal in relation to recruitment
matters concerning recruitment to any All-
India Service, any Civil Service of the
Union, or any civil post under the Union, or
a post connected with defence or the
defence services, provided that, in either
case, the post is filled by a civilian. Section
14(1)(b) of the Act vests jurisdiction in the
learned Tribunal in relation to all 'service
matters' concerning a 'member' of an All
India Service or a 'person appointed' to any
Civil Service of the Union or any civil post
under the Union, or a 'civilian appointed to
any defence service or a post connected
with defence, and pertaining to the service
of such member, person, or civilian in
connection with the affairs of the Union or
of a State, or of any local or other authority
within the territory of India, or under the
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control of the Government of India, or of
any corporation or society owned or
controlled by the Government. Section
14(1)(c) of the Act vests jurisdiction in the
learned Tribunal in relation to all 'service
matters' pertaining to service in connection
with the affairs of the Union concerning 'a
person appointed to any service or post'
referred to in sub-clauses (ii) or (iii) of
clause (b) of Section 14 of the Act, being a
person whose services have been placed by
a State Government, or by any local or
other authority, or by any corporation,
society, or other body, at the disposal of the
Central Government for such appointment.
41. The term 'Service Matters' is defined in
Section 2(q) of the Act as under:-
(q) "service matters", in relation to a
person, means all matters relating to
the conditions of his service in
connection with the affairs of the
Union or of any State or of any local
or other authority within the territory
of India or under the control of the
Government of India, or, as the case
may be, of any corporation 5 [or
society) owned or controlled by the
Government, as respects-
(i) remuneration (including
allowances). pension and other
Patna High Court CWJC No.9298 of 2024 dt.11-02-2026
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retirement benefits;
(ii) tenure including confirmation,
seniority, promotion, reversion,
premature retirement and
superannuation;
(iii) leave of any kind;
(iv) disciplinary matters; or
(v) any other matter whatsoever"
42. A conjoint reading of the provisions of
Section 14(1) of the Act shows that disputes
relating to any service matters of, inter alia,
members of the Armed Forces of the Union,
are expressly excluded from the jurisdiction
of the learned Tribunal. Therefore, the
learned Tribunal has no jurisdiction with
respect to dispute relating to seniority, pay
fixation, leave, disciplinary proceedings,
etc., relating to a member of an Armed
Force. However, as Section 2(a) excludes
the applicability of the Act to a 'member' of
the Armed Force, that is after the
appointment of the person to the Armed
Force, we now need to determine whether
the dispute relating to recruitment to the
Armed Force, including the RPF, would also
get excluded from the Act.
43. To answer the above, we shall have to
determine whether the RPF is a 'Civil
Service of the Union'.
44. Rule 4 of the CCS (CCA) Rules provides
Patna High Court CWJC No.9298 of 2024 dt.11-02-2026
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for the classification of services, while Rule
5 of the CCS (CCA) states that the Central
Civil Services in various groups shall
consist of services and grades of services
specified in the Schedule thereto. Rule 6 of
the CCS (CCA) provides for the
classification of posts under the Union,
other than those ordinarily held by persons
to whom the Rules do not apply. We quote
the said Rules as under:
"4. Classification of Services
(1) The Civil Services of the Union
shall be classified as follows: (i)
Central Civil Services, Group 'A';
(ii) Central Civil Services, Group 'B':
(iii) Central Civil Services, Group 'C'
(iv) Central Civil Services, Group 'D'
(2) If a Service consists of more than
one grade, different grades of such
Service may be included in different
groups.
5. Constitution of Central Civil
Services
The Central Civil Services, Group 'A',
Group 'B', Group 'C' and Group 'D',
shall consist of the Services and
grades of Services specified in the
Schedule.
6. Classification of Posts
Civil Posts under the Union other
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than those ordinarily held by persons
to whom these rules do not apply,
shall, by a general or special order of
the President, be classified as
follows:-
(i) Central Civil Posts, Group 'A';
(ii) Central Civil Posts, Group 'B';
(iii) Central Civil Posts, Group 'C';
(ii) Central Civil Posts, Group 'D'"
45. The DoP&T, by its Office Memorandum
dated 14.12.2010, issued guidelines on the
cadre review of Central Group 'A' Services
and also provided a list of existing Central
Group 'A' Services in Annexure-I thereto.
The said list includes the RPF at serial no.
15 under the category of Non-Technical
Services. Therefore, the RPF is considered
a Group 'A' Central Civil Service. The same
has also been held by the Supreme Court in
Harinanda (supra) and by this Court in
G.J. Singh (supra). The submission of the
learned ASG that these judgments are
confined only to conferment of NFG
benefits, does not impress us, as such grant
was dependent on the RPF first being
acknowledged as a Group 'A' Central Civil
Service.
46. Once it is held that RPF is a Central
Civil Service, consequently, Section 14(1)
(a) of the Act would be applicable to
Patna High Court CWJC No.9298 of 2024 dt.11-02-2026
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disputes relating to recruitment and matters
concerning such recruitment.
47. Therefore, even though a reading of the
provisions of Section 14(1) of the Act read
with Section 2(a) of the Act shows that
disputes regarding all service matters
relating to, inter alia, members of the
Armed Forces of the Union, are excluded
from the jurisdiction of the learned
Tribunal, the same cannot be said in respect
of disputes relating to recruitment or
matters concerning recruitment to the RPF.
This is so even though the RPF is an Armed
Force of the Union, as, until such time as
the person raising such a dispute becomes a
'member' of the RPF, the learned Tribunal
would continue to exercise jurisdiction;
RPF being a Civil Service of the Union.
48. Applying the cardinal principles of
statutory interpretation, namely that
statutory provisions must be read in their
natural and grammatical sense and in
harmony with one another, we are of the
considered opinion that any dispute relating
to recruitment to the RPF, raised by a
person who is not already a member of the
Armed Force or covered by the
exclusionary clause in Section 2 of the Act,
would fall within the jurisdiction of the
learned Tribunal. However, any dispute
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relating to a service matter of a member of
the RPF would stand excluded from the
jurisdiction of the learned Tribunal by
virtue of Section 2(a) of the Act.
49. In Mohammed Ansari (supra), the
Supreme Court was considering a case
where the appellant was a member of the
General Reserve Engineer Force (GREF) of
the Border Roads Organisation. The Court
held that as the GREF is an integral part of
the Armed Forces, by virtue of Section 2(a)
of the Act, the learned Tribunal does not
have the jurisdiction to entertain a dispute
relating to the service matter of a member
of such Armed Force.
50. In Dr. Banipada Saha (supra), the
Calcutta High Court was considering the
case of a person who was already working
with the RPF on deputation. The Court,
therefore, held that such a person was
deemed to be a member of the Force,
thereby excluding the jurisdiction of the
learned Tribunal.
51. In Tej Singh (supra), although the
Himachal Pradesh High Court rejected the
preliminary objection raised by the SSB
that jurisdiction even in the matter of
recruitment vests with the learned Tribunal,
we find that there was no discussion on the
said issue. In fact, the Court observed that
Patna High Court CWJC No.9298 of 2024 dt.11-02-2026
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the said objection has been raised merely to
be rejected outrightly. With due respect, we
do not agree with the aforesaid judgment of
the Himachal Pradesh High Court.
52. In view of the foregoing discussion, we
hold that the learned Tribunal has rightly
concluded that it has jurisdiction to
entertain a dispute relating to the
recruitment process to an Armed Force
provided such dispute is not raised by a
person who is already a member of the
Armed Forces. We answer the question of
jurisdiction of the learned Tribunal
accordingly.
53. As regards the issue of whether such
jurisdiction has been rightly exercised by
the learned Tribunal in its Impugned Order
dated 11.11.2022, we direct that, subject to
orders of Hon'ble the Chief Justice, the Writ
Petition be listed before the appropriate
Roster Bench on 29th January, 2026.”
5. Upon perusal of the analysis and findings of the
Hon’ble High Court of Delhi in the aforesaid judgment
particularly the specific provisions of Railway Protection Force
Act, 1957 and the relevant provisions of the Administrative
Tribunal Act, 1985 (Act No. 13 of 1985) as well as the reliefs
for which the petitioner is claiming i.e. demand of grant of
Patna High Court CWJC No.9298 of 2024 dt.11-02-2026
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promotional benefits, payment of arrears of salary and all other
benefits from the railway by virtue of the service of her husband
in the RPF, this Court is of the firm view that the remedy
available to the petitioner lies only before the Central
Administrative Tribunal.
6. In this view of the matter, the present writ
application is hereby disposed off, directing the petitioner to
avail the remedy before the respective Bench of the Central
Administrative Tribunal, having jurisdiction to hear the same.
(Dr. Anshuman, J)
Divyansh/-
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CAV DATE NA
Uploading Date 13/02/2026
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